Mass. Senate approves Taunton casino compact

The Senate has approved the Mashpee Wampanoag tribe’s compact with the state, pushing the Taunton casino proposal past another hurdle.

Gerry Tuoti

The Senate has approved the Mashpee Wampanoag tribe’s compact with the state, pushing the Taunton casino proposal past another hurdle.

“It is indeed fitting that we adopt this compact and move forward with the process to see if this land can be placed in trust, and if it is, there’s a significant economic benefit that will occur in Southeastern Massachusetts and certainly in the Greater Taunton area,” said state Sen. Marc Pacheco, D-Taunton.

The Senate on a voice vote, approved engrossment of the compact, which then went back to the House for enactment. The Senate then voted 27-9 to enact the agreement between the state and the Mashpee Wampanoag tribe.

“This is a very victorious and historic day,” Mashpee Wampanoag Tribal Chairman Cedric Cromwell said. “This is monumental for the Mashpee Wampanoag tribe, the commonwealth of Massachusetts and the city of Taunton.”

He touted the jobs and economic revenue he expects the casino to bring to the region and the tribe. A document the tribe filed for an environmental review predicts $512 million in annual revenue from the casino. Under the compact, 21.5 percent of gross gaming revenue would go to the state. The compact, which was negotiated between Gov. Deval Patrick and the tribe, now goes to the governor’s desk for a final signature.

Since the tribe announced in February that it intends to build a casino in Taunton, the race has been on for tribal leaders to finalize a compact with the state. Under Massachusetts law, the tribe would have lost its exclusive rights to the casino market in southeastern Massachusetts if the legislature had failed to approve the compact by July 31, and the region would be open to competitive bidding for a commercial casino license.

The House voted last Wednesday to approve the compact, but many southeastern Massachusetts representatives protested the compact, saying it could freeze the region out of casino development if the tribe fails to secure land in trust.

“I know there’s the underlying concern for other opportunities for people to bid,” Pacheco said. “My response to that would be a new $80 million payroll anywhere in southeastern Massachusetts is a positive addition for citizens everywhere in southeastern Massachusetts and throughout the commonwealth of Massachusetts.”

"I am thrilled that the legislature has shared our vision about employment and economic opportunity for the Southeastern Massachusetts region," Taunton Mayor Thomas Hoye Jr. said in a statement. "This is another exciting step in the process and I look forward to continuing our relationship with the Mashpee Wampanoag Tribe and their backers. This is a unique and exciting opportunity for the City of Taunton and we will continue to work with our consultants to ensure that the project gets correctly within Taunton and it's landscape."

Land in trust

State law gives the Massachusetts Gaming Commission the authority to solicit bids for a commercial license in the southeastern region if it determines the tribe is unlikely to get land taken in trust by the federal government, a necessary step to operate a tribal casino under federal law.

In the land-in-trust process, the federal Secretary of the Interior holds land for the tribe to establish a reservation, giving the tribe sovereignty over the territory. Many have expressed doubts about whether the Mashpee, who received official federal recognition in 2007, are eligible to have land taken into trust. The 2009 Supreme Court decision on Carcieri vs. Salazar interpreted existing law to mean that land could only be taken in trust for a tribe that was under federal jurisdiction before 1934.

The Mashpee have a request for land to be taken into trust pending with the Bureau of Indian Affairs.

“We’re moving,” Cromwell said. “The BIA is working on it.”

When asked how the application is progressing, Cromwell said it is “complete from a land perspective” and didn’t rule out providing additional components to the BIA.

“We’re working,” he said. “It’s a really live application.”

The tribe is required, among other things, to demonstrate a historical connection to the land. Cromwell said he is confident the tribe’s application will be approved.

The Patrick administration has vowed to advocate for the tribe to get land taken in trust.

The compact's legislative approval followed reports this week that Holland & Knight has been hired by the state to lobby for the tribe's land in trust application before the federal government.

Jason Lefferts, a spokesman for Economic Development Secretary Greg Bialecki, said the firm registered as lobbyists “out of an abundance of caution.”

"They're not doing lobbying," Lefferts said. "They're assisting us with communications with the Bureau of Indian Affairs."

Following a procurement process, the Patrick administration in February hired Holland & Knight as outside counsel in connection with efforts to negotiate the compact. Lefferts was unable to say whether Holland & Knight is being paid or extra compensation is being provided in connection with the firm's work at the federal government level. Lefferts said the work will be covered by gaming licensing fees.

-- Material from the State House News Service was used in this report.

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